Audubon County Republican. [volume] (Audubon, Audubon Co., Iowa) 1885-1894, 1887-09-01
THE DUBUQUE CASE.
The Railway Commissioners Decide
an Important Point.

The railway commissioners have for
several days been busy at work preparing
their decision on the complaint of numer.
Gus business men of Dubuque rs TO the
refusal of the Illinois Central and Chica
90, Milwaukee 81 St Paul roads to do
switching for outside companies at Du
bubuc and their raising of the price for
such work to what was considered extor.
tiunato rates. Aug 30 their opinion was
completed and filed, and appears under
the title of the Dubuque Board of Trade
against the Illinois Central T. r. Co., and
the Chicago, Milwaukee Il ST. Paul Rail.
road company. The plaintiffs complain
that the defendant railway companies re.
fuse to switch cars of other roads and adj
yanced the charges for switches from one
dollar to two dollars per car. Upon re.
ferring the matter to the railway interested
they agree To switch ears from non.com-
petit,vo points, but refused TO do so for
competitive stations, and claiming they
had the absolute right TO refuse To allow
other roads to use their terminal facilities.
The commissioners understand that the
defendant railways came to Dubuque al
nm carly day and acquired quite extensive
terminal facilities, The city granted them
many privileges, such rs the use of certain
streets and alleys, Section . of the or,
dinancc referred To contains the provis.
ions that any person, company or corpor'
alton shalt have the right to pass its cars
over the track hereby authorized to he
built ON equal terms without undue pref
crcncc to any. Section four provides for
the payment of n fec of ilfty cents for
such purpose. There is scarcely side
track in Dubuque to any industry, but
runs more or less IN tho public streets,
As the matter now stands the !, G., rail
road has II In It's power to completely con
troll the shipping of lumber, The same
can be said of most of the industries now
having side tracks to them from the dc.
PENDANT roads. AS to the right of any in
coming road to use what Is known rs tho
lumbcrmen and manufacturers track, and
the spurs leading out of them there can
he no qucs ion, nor does there appear to
he any valiu objection to making running
arrangements with the Dubuque and
Dunlcith bridge company for the use OF
its tracks. At present, however there
IL no way to reach these tracks except by
the G., NJ ~ ST. L. aud |. G., railroad
tracks,
Chapter 1913 of the laws of the Nine.
tecnih general assembly reads rs follows;
"A railroad company shall on request
permit any other railroad 10 connect with
aud draw over It's road the cars Of any
other railroad company ut reasonable
rates, and for charge not exceeding its
ordinary rate" Section 1922 Of the code
added to this chapter says; ANY railway
corporation operating railway In this
State crossing any other line of railway OF
the same gauge, operated by any other
company, shall by means Of y or other
suitable and proper means be made to
connect with such other railways rs 50
intcrscctcd aud crossed and railway com
panics when roads shall be so connected
shall draw over their respective roads the
cars Of such connecting railways Mt rcas'
enable times and for n compensation not
exceeding their ordinary rites The
question that lies at the root Of this mat
ter Is. are the siding and spur tracks built
especially for the use and convenience of
the railways for handling their own cars
subject to the same control and use as the
mhn line or the railway highway, IL 50
why should this,be2 Without u statute
where the railway companies would DO
compelled TO forward and believer freight,
IL would not be compelled TO hnul the
cars of rival companies. by comforting
upon the company the authority 10 cxcr'
else the rights Of eminent domain and the
power TO take from tho individual his
private property and convert II TO the uses
Of the railway they acquire the right.
II seems to US that any aud all property
In use for railway purposes that has been
or could be acquired by condemnation Is
subject to the PROVISIONS Of section 1922,
whether station grounds. spurs or any
tall g,.E linz
This will also applyro tracks laid In pub
lie streets and reserved for public use.
The commissioner cites the cases OF llOyt
vs., C., b. Il q. 03 III, Gig, Kocllc VS..
Kolt, 90 Ill., 403, and made extract there
from TO sustain this point. Also the cases
of the Chicago Dock IL Coal Co. VS. Gar.
rcty, ll5 III. 1877, Mum VS.. H., "a U. s.
l26 are cited. Tho commissioners are
clearly Of the opinion that the sidings Of
the railways in Dubuque are public high
ways and that the companies are com
PEELED by law to haul over them the ears
Of all transportation companies or persons
| at reasonable rates Notwithstanding the
opinion In their report Of 1884, page i5i,
| in the case Of the w |. &c n VS.. G. 81 N.
w. Ry. Further examination has salts.
| fed us that these tracks have not the
private character there given them AS
! to what Is n reasonable rate for switching,
Messrs Coffin and Smith say. for switch
ing cars for less than II mile one liar in
excess of one mile and less than ,wo, ono
dollar and fifty cents and for over two
miles and less than three, two dollars.
Commissioner Dcy disscnts TO the last
finding and thinks that for the same dis
tances the charges Of one, two and three
dollars a reasonable compensation